Naresh Kadyan vs Department Of Personnel & Training on 8 February, 2023

[Cites 2, Cited by 0]

Central Information Commission

Naresh Kadyan vs Department Of Personnel & Training on 8 February, 2023

Bench: Saroj Punhani

                                    के   यसूचनाआयोग
                         Central Information Commission
                            बाबागंगनाथमाग, मुिनरका
                          Baba Gangnath Marg, Munirka
                          नई द ली, New Delhi - 110067



File No : CIC/DOP&T/C/2021/646869

Naresh Kadyan                                          ....िशकायतकता /Complainant
                                         VERSUS
                                          बनाम
CPIO,
Lokpal of India, RTI Cell,
Plot No. 6, Phase II, Vasant
Kunj Institutional Area,
Vasant Kunj, New Delhi- 110070.

CPIO
Department of Personnel & Training,
RTI Cell, North Block,
New Delhi - 110001.                                    .... ितवाद गण /Respondent

Date of Hearing                     :    06/02/2023
Date of Decision                    :    06/02/2023

INFORMATION COMMISSIONER :                Saroj Punhani

Relevant facts emerging from complaint:

RTI application filed on                 :22/03/2020
CPIO replied on                          :27/04/2020
First appeal filed on                    :21/04/2020
First Appellate Authority's order        :15/05/2020
2nd Appeal/Complaint dated               :NIL



                                            1
 Information sought

The Complainant filed an RTI application dated 22.03.2020 seeking the following information:

1. Complete list of Cantonments in India along with define their status of Urban Municipality.

2. Complete list of Biodiversity Management Committees established & functional under these Cantonments in India along with define their status in Urban Municipality.

3. Complete list of Peoples Biodiversity Registers, prepared & maintained under these Cantonments in India along with define their status in Urban Municipality.

4. Accordingly, a final report has been filed by the National Biodiversity Authority, Chennai on behalf of the MoEF & CC giving status of the formation of Biodiversity Management Committees (BMCs) and preparation of Peoples Biodiversity Registers (PBRs) in the local bodies as on 31.1.2020.

The report inter-alia is as follows: As can be seen, there has been an increase of 32.5% in BMC constitution and an increase of 32.7% in PBR formation since the Order of the Honb'lle National Green Tribunal dated 09.08.2019, please supply me all copies of orders, guidelines, directions issued along with power delegated to field functionaries & Union Territories.

5. Complete details about case - complaint reference - dairy No. 2382 of 2019 with the National Green Tribunal at New Delhi along with status of case - complaint.

6. Complete details about case - complaint reference - dairy No. 854 of 2019 with the National Lokpal of India at New Delhi along with status of case - complaint.

7. Complete details about all grievances moved with the PG Portal along the copies of decision on all these complaints, related to all 62 Cantonments in India.

8. Complete details - list of application moved under RTI Act, 2005, related to all 62 Cantonments in India along with the copies of replies.

Being dissatisfied with the non-receipt of reply, the complainant filed a First Appeal dated 21.04.2020.

The CPIO transferred the RTI to the CPIO, Department of Personnel & Training, RTI Cell, North Block, New Delhi-110001 on 27.04.2020.

FAA's order dated 15.05.2020, held as under:

"Kindly note that the matter related to Cantonments in India is not come under the preview of this office. It should be sent to Defense Ministry/concerned office dealing with this matter. It is not clear why this appeal was sent to this office. IT IS REQUESTED THAT COMPLAINANT MUST DO PROPER RESEARCH TO FIND OUT. THE CORRECT OFFICE WHICH IS DEALING WITH THE issues raised in RTI application and appeals."

Feeling aggrieved and dissatisfied, the complainant approached the Commission with the instant Complaint.

Relevant Facts emerging during Hearing:

The following were present:-

Complainant: Not present.

Respondent: Rajesh Kumar, US & CPIO, Lokpal of India along with Sushil Kumar Mishra, US & CPIO, DoPT present through intra-video conference.

Rajesh Kumar, US & CPIO, Lokpal of India submitted that the information sought for in the RTI Application is not related to their office at all and therefore the same was transferred to DoPT for necessary action, if any.

Sushil Kumar Mishra, US & CPIO, DoPT submitted that since the subject matter of the RTI Application did not relate to them, the same was transferred further to Department of Defence & MoEF on 30.04.2020.

Decision The Commission based on a perusal of the facts on record observes that the instant RTI Application has not been filed as per Section 6(1)(a) of the RTI Act which provides as under:

"(1) A person, who desires to obtain any information under this Act, shall make a request in writing or through electronic means in English or Hindi in the 3 official language of the area in which the application is being made, accompanying such fee as may be prescribed, to--

(a) the Central Public Information Officer or State Public Information Officer, as the case may be, of the concerned public authority;"

It is clear beyond reasonable doubt that the subject matter of the information sought for in the instant RTI Application does not concern Respondent No.1, therefore the action of the Respondent(s) in having transferred the RTI Application as per their respective wisdom is not being called into question.

The Complaint is dismissed accordingly.

Saroj Punhani(सरोज पुनहािन) Information Commissioner (सू सूचना आयु") Authenticated true copy (अिभ मा%णतस&या'पत ित) (C.A. Joseph) Dy. Registrar 011-26179548/ [email protected] सी. ए. जोसेफ,उप-पंजीयक दनांक / Date 4

Unlock Advanced Research with PRISMAI

Central Information Commission